• Call recording

Dear Lawyer,

I want to know as four year back call recording can be recovered from any telecom services, As four year back my girlfriend married with a guy and now that guy charging false case of rape and blackmailing on me, Kindly help
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

Hello,

Operators do not/ can not record our call.

They can just tell the number on which the calls were made and numbers from which they are getting the call and the location.

After 4 years even this data can not be recovered.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

that guy can not file a case of rape against you, no case can be filed until and unless the girl reports the crime.

Moreover there is a huge delay in reporting the FIR.

He can not do anything.

If he further threatens you then lodge a case against him.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Sir the telecom service providers without the authority of the court or home ministry cannot record the phone calls so there is no question of recovering same.

Further if they are filing case and there are call details and other chats proofs to show girl was in relationship with you donot worry it wont sustain further they need to explain the delay and onus is on them to prove the case,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The telecom companies do not store the conversation and text messages of each and every customer. The outgoing and incoming call data is stored but it is also for limited period. After a period of 30 days the data is allocated to archives and after 90 days it is automatically deleted. The period of 120 days is not statutory/fixed may vary from Co. to Co.

However, under judicial order/ request from a consumer / police investigation, the telecom company can record the contents of the Conversation and provide the same. Same is in the case of text messages.

The consumer does Not have any right either contractual or legal to have the copy of conversation of incoming and outgoing calls

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) Instead of you need to prove the call records ask that guy to prove you had made call last 4 years and had relation with that girl.

2) If you and girl decide that you both don't know each other and not seen at all in your life.

3) Telecom operator can provide records of maximum 3 years. You may ask to them or take Police help regarding this.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Telecom companies do not keep record of your conversations that transpired 4 years back

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

No need to comply with his unreasonable demands

Don’t hand over any evidence in your possession

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

No, Such old recording not possible, nether case of rape made out but of adultery which is struck down by Supreme Court few days back.

All bullshit. He cannot do anything, don`t give any evidence to him, just ignore him.

Against you no case made out and don`t agree, that you had physical relation with her.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

He cannot file any suit against you. As time is essence of complaint as such even if FIR is registered by bribing police you can get stay on that from High court easily. Just neglect his sayings. Telecom offices maintain only date of call and end of call and respective numbers but there will no recording conversations.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Lodge a police complaint against him for extortion and blackmail against him in jurisdiction police. You cannot extract any record since it will be given only through process of court or to police. You will be in trouble if you try to extract information from police

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

The Telecom operators do not have any records of calls which you make and hence it cannot be procured under any circumstances until and unless your phone was on surveillance.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You should file a case for criminal intimidation under section 503 of the Indian penal code for threatening you.

Also, you can seek restraining order against your ex girlfriends husband in order to refrain him from disturbing your peace.

You are not liable to provide any evidence to him and should try to record all the calls.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

The complaint about raping his wife four years back is not maintainable now.

In fact it is she who has to prove her allegations and have to explain that why she did not lodge any complaint that time etc.

The call recordings of way back four years ago may not be available at this time.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

And that guy also forcing me to bring any evidence against his wife as he is looking for divorce and if i do not do that then he will file a legal suite one me for the same

You dont have to produce any such evidence on his pressure.

Let him file any legal suit against you because no such case from his side is maintainable.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. No service provider preserves a conversation for four years.

2. That guy has no locus to file a case of rape against you. The girl alone has the locus to file the complaint of rape and she will have to prove it.

3. Eventually cases like these end in acquittal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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